In Re Christopher T.

60 Cal. App. 4th 1282, 71 Cal. Rptr. 2d 116
CourtCalifornia Court of Appeal
DecidedJanuary 20, 1998
DocketB110930
StatusPublished
Cited by9 cases

This text of 60 Cal. App. 4th 1282 (In Re Christopher T.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Christopher T., 60 Cal. App. 4th 1282, 71 Cal. Rptr. 2d 116 (Cal. Ct. App. 1998).

Opinion

60 Cal.App.4th 1282 (1998)

In re CHRISTOPHER T., a Person Coming Under the Juvenile Court Law.
LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent,
v.
LISA A., Defendant and Appellant.

Docket No. B110930.

Court of Appeals of California, Second District, Division Five.

January 20, 1998.

*1285 COUNSEL

Mitchell L. Beckloff for Defendant and Appellant.

De Witt W. Clinton, County Counsel, Joe Ben Hudgens, Principal Deputy County Counsel, and Kristine Miles for Plaintiff and Respondent.

[Opinion certified for partial publication.[†]]

OPINION

TURNER, P.J. —

I. INTRODUCTION

Lisa A., the mother of minor, Christopher T., appeals from an order of the juvenile court, pursuant to California Rules of Court,[1] rule 1425 transferring a dependency case from Los Angeles to Santa Barbara County where the minor and his foster parents have relocated. We affirm the change of venue order.

II. BACKGROUND

The sustained Welfare and Institutions Code[2] section 300 petition alleged the mother had a history of excessive alcohol consumption.[3] On August 30, 1990, she was under the influence to such a degree that she was unable to adequately protect and supervise the minor. Her condition contributed to an altercation with another family member. When Christopher, who was then seven years old, tried to intervene, his mother pulled a patch of hair from his head. The following day, what is now known as the Los Angeles County Department of Children and Family Services (department) detained Christopher and his then 23-month-old brother Thomas A. The department petitioned to have them declared dependent wards of the juvenile court pursuant *1286 to section 300.[4] On November 6, 1991, Christopher was ordered placed in long-term foster care with his maternal aunt and uncle. Christopher lived with his aunt and uncle from September 5, 1990, until August 24, 1992. The aunt and uncle requested the minor be removed from their home after several confrontations with the maternal grandparents during the mother's scheduled visits. In August 1992, Christopher was placed with his current foster parents, Joni M. and Chris C., who are his legal guardians.

Christopher has been in a permanent plan of guardianship since September 7, 1994. On February 6, 1997, the department sent the mother a notice of hearing for review of the permanent plan pursuant to section 366.3.[5] The notice also indicated that the social worker was recommending transfer of the case to Santa Barbara County. In a report dated February 26, 1997, which was prepared for a regularly scheduled review of the permanent plan, the department indicated that Christopher resided in Santa Barbara County and had since October 2, 1996. The foster parents bought a home in Santa Barbara County. The report indicated Christopher was doing well in school with a 3.0 average and was participating in sports. The department also requested that the trial court order the case be transferred to Santa Barbara County. The mother opposed the venue change request on the grounds among other things: All the court's prior orders since August 30, 1990, were invalid; Christopher should be placed with his maternal grandparents, who have priority and no adjudication against them that they are not loving grandparents; Christopher has been separated from his brother; and Christopher was being held against his will.

On February 26, 1997, the juvenile court continued the hearing to March 5, 1997, so as to allow the minor's attorney to consult with Christopher. The minor's attorney was directed to determine whether Christopher's current needs were being met. The mother was not present but the maternal grandfather appeared at the hearing. On March 5, 1997, the juvenile court ordered the case transferred to Santa Barbara County. The mother filed a timely *1287 notice of appeal from the transfer order. (1) Section 379 and rule 1425[6] confer the right to appeal such an order on either of the affected counties. Although there is no similar statute or rule specifically granting a parent the right to appeal, section 395[7] confers the right to appeal a transfer order on *1288 the parent. (In re Jon N. (1986) 179 Cal. App.3d 156, 158-160 [224 Cal. Rptr. 319].)

III. DISCUSSION

(2a) Our primary task in this appeal is to determine whether the trial court had authority to transfer the future dependency proceedings to Santa Barbara County based upon the change in the minor's residence as provided in section 375 and rule 1425. (3) In Phelps v. Stostad (1997) 16 Cal.4th 23, 31-32 [65 Cal. Rptr.2d 360, 939 P.2d 760], the California Supreme Court explained the relevant rules of statutory construction as follows: "`A fundamental rule of statutory construction is that a court should ascertain the intent of the Legislature so as to effectuate the purpose of the law. [Citations.] In construing a statute, our first task is to look to the language of the statute itself. [Citation.] When the language is clear and there is no uncertainty as to the legislative intent, we look no further and simply enforce the statute according to its terms. [Citations.] [¶] Additionally, however, we must consider the [statutory language] in the context of the entire statute [citation] and the statutory scheme of which it is a part. "We are required to give effect to statutes `according to the usual, ordinary import of the language employed in framing them.' [Citations.]" [Citations.] `"If possible, significance should be given to every word, phrase, sentence and part of an act in pursuance of the legislative purpose.' [Citation.].... `When used in a statute [words] must be construed in context, keeping in mind the nature and obvious purpose of the statute where they appear.' [Citations.] Moreover, the various parts of a statutory enactment must be harmonized by considering the particular clause or section in the context of the statutory framework as a whole. [Citations.]"' [Citation.]"

(4) In interpreting a statute or court rule which is part of the dependency scheme, the California Supreme Court has explained: "Dependency proceedings are proceedings of an ongoing nature. While different hearings within the dependency process have different standards and purposes, they are part of an overall process and ongoing case. One section of the dependency law may not be considered in a vacuum. It must be construed with reference to the whole system of law of which it is a part so that all may be harmonized and have effect. [Citation.]" (In re Marilyn H. (1993) 5 Cal.4th 295, 307 [19 Cal. Rptr.2d 544, 851 P.2d 826]; In re Michael D. (1996) 51 Cal. App.4th 1074, 1084 [59 Cal. Rptr.2d 575].) In all dependency proceedings, the primary concern is the best interests of the child which the Legislature has *1289 declared must be considered in "all deliberations." (§ 202, subd. (d); In re Sade C. (1996) 13 Cal.4th 952, 993, fn. 20 [55 Cal. Rptr.2d 771, 920 P.2d 716]; In re Eric H. (1997) 54 Cal. App.4th 955, 966 [63 Cal. Rptr.2d 230].)

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Bluebook (online)
60 Cal. App. 4th 1282, 71 Cal. Rptr. 2d 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-christopher-t-calctapp-1998.